In re Jumpp
Jun
23
2006
Ruling
Debtor's motion for continuance of automatic stay was denied.
Procedural posture
The matter came before the court on motion for determination and declaratory judgment as to continuance and existence of an automatic stay with respect to the residences of two debtors and debtors'motions to reimpose the automatic stay as to all creditors pursuant to 11 U.S.C. § 105(a). Mortgagee opposed, with respect to the residence of each debtor, to each of the foregoing motions.
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Court
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In re Atamian
Jun
15
2006
Ruling
Debtor was granted motion for actual and punitive damages for creditor's violation of stay.
Procedural posture
Debtor filed a motion pursuant to 11 U.S.C. § 362(h) for sanctions, damages, and punitive damages against creditor and the creditor's insurer, as subrogee. The creditor opposed the motion and also filed a request for clarification of the court's previous order that granted the creditor limited relief from the automatic stay to permit the creditor to continue to pursue claims against the debtor.
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Court
:
- 11 U.S.C.
JPMorgan Chase Bank v. McKinney (In re McKinney)
Jun
14
2006
Ruling
Creditor buyer was granted motion for relief from automatic stay since debtor's residence was sold prefiling at foreclosure sale.
Procedural posture
Movant creditor filed a motion for relief from the automatic stay in respondent debtors'chapter 13 bankruptcy case as to a defaulted mortgage.
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Court
:
In re Guido
Jun
09
2006
Ruling
Motion to require trustee to abandon second mortgage was denied since second mortgage was unhampered by section 522(c) and had priority under state law over homestead exemption.
Procedural posture
After debtor filed for chapter 7 bankruptcy, plaintiff trustee filed an adversary proceeding against defendant creditor seeking to avoid a preferential transfer pursuant to 11 U.S.C. § 547(b). The court approved their agreement to avoid a second mortgage and preserve it for the bankruptcy estate's benefit and allowed the debtor's motion to avoid a judicial lien. The debtor moved to require the trustee to abandon the second mortgage.
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Court
:
- 26 U.S.C.
Beaucage v. United States IRS
Jun
02
2006
Ruling
Court ruled that IRS' exercised setoff right, applying refund to prepetition tax liability, extinguished debtor's contingent right to refund.
Procedural posture
Appellant debtor challenged an order of the bankruptcy court, which approved appellee IRS's setoff under 26 U.S.C. § 6402 of a refund of her 2004 taxes against an accrued prepetition tax liability.
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Court
:
- 11 U.S.C.
In re HNRC Dissolution Co.
May
30
2006
Ruling
Administrative expense application was denied since applicant insurer filed application after plan confirmation.
Procedural posture
Applicant insurer filed an application for allowance of administrative expenses pursuant to 11 U.S.C. § 503. Objector purchaser of the former debtors'assets objected to the application.
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Court
:
- 11 U.S.C.
In re Robotic Vision Sys.
May
26
2006
Ruling
Contested matters were converted to adversary proceedings with chapter 7 trustee as plaintiff since claims of fraud by chapter 11 professionals were estate property.
Procedural posture
Creditor filed objections to the applications filed by professionals for chapter 7 debtors, which sought final approval of fees and expenses for services rendered to debtors prior to when the court converted debtors'cases from chapter 11 to chapter 7.
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Court
:
- 11 U.S.C.
In re Guadette
May
26
2006
Ruling
Court modified fee agreement and awarded counsel additional fees since parties benefitted from counsel's work.
Procedural posture
Movant, special counsel to the trustee of a chapter 7 bankruptcy estate, filed a final fee application, seeking additional fees on theories of fee-shifting, common fund, quantum meruit, and the application of a contingency fee agreement to all assets of a second bankruptcy estate. Objectors included, inter alia, the trustee, the Small Business Administration, and three recovery corporations, one of which filed a motion to release escrow funds.
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Court
:
- 11 U.S.C.
Grossman v. Foster (In re Foster)
May
24
2006
Ruling
Debtor's discharge was revoked since debtor knowingly and fraudulently failed to deliver and report certain proceeds as estate property.
Procedural posture
Plaintiff trustee filed an adversary complaint seeking a revocation, pursuant to 11 U.S.C. § 727(d)(2), of defendant debtor's chapter 7 discharge on the ground that the debtor knowingly and fraudulently failed to deliver and report the acquisition of the proceeds of a prepetition promissory note that was the property of the estate.
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Court
:
- 11 U.S.C.
In re Reardon
May
24
2006
Ruling
Court did not approve reaffirmation agreement because it did not contain any identification of identity of creditor.
Procedural posture
Chapter 11 debtor filed a motion seeking approval of a reaffirmation agreement, which was substantially in the form issued by the Director of the Administrative Office of the United States Courts to implement the requirements of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8. ("BAPCPA"). The form also complied with the court's Administrative Order 4008-1 (AO 4008-1).
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Court
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